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Showing contexts for: intimation unclaimed in Sh. Sachin Gupta vs Sh. Shiv Kumar Bansal on 31 July, 2018Matching Fragments
2. The brief facts in the plaint as stated by the plaintiff / respondent were that he was proprietor of M/s. Bansal and Company and was indulged in the business of sanitary hardware and supplied the goods to the appellant / defendant as per order placed by the appellant. The total goods were of Rs. 2,05,312/ vide invoice no. RL/2/201112 dated 15.4.2011. The appellant gave him a cheuqe bearing no. 096885 dated 18.5.2011 drawn on IDBI bank, Vaishali, Ghaziabad, UP of Rs. 50,000/ which was subsequently dishonoured in favour of the respondent company as a part payment of his liabilities and assured the plaintiff that cheque would be encashed on presentation, however, upon presentation the said cheque was dishonoured with remarks "payment stopped by drawer" vide cheque returning memo dated 13.06.2011. The plaintiff contacted the appellant to inform about the dishonoured cheque and requested for payment but defendant refused to pay the same. Thereafter, a legal notice dated 30.6.2011 was issued by the plaintiff which was received back with the endorsement 'Unclaimed / intimation delivered'. The appellant filed his Written statement alongwith the counter claim for recovery of Rs. 15,000/ stating that plaintiff had suppressed material facts and denied his liability and filed a counter claim for a sum of Rs. 15000/ alongwith damages for supplying inferior goods. It was case of the appellant that he never placed any order dated 15.11.2011 on the respondent for supplying of goods. However, in the month of April, 2011, the appellant placed an order to the respondent for Sachin Gupta vs. Shiv Kumar Bansal RCA No. 27/17 Page no. 11 out of 11 supplying some sanitary goods worth of Rs. 65000/ and paid a sum of Rs. 15,000/ in cash and further handed over a cheque of Rs. 50,000/ bearing cheque no. 096885 dated 18.5.2011 of IDBI bank subjected to delivery of goods as per order. The respondent supplied the goods to the appellant but on checking it was noticed that the goods delivered were of inferior quality and when the appellant contacted the respondent and made the complaint in this regard, the respondent expressed his apologies and showed his willingness to have the goods returned back. Therefore, on 30.05.2011, the brother of the respondent Sanjeev Bansal came and received back the goods supplied by the respondent after acknowledging the same and signing a return memo with the assurance that the balance payment of Rs. 15,000/ shall be returned. However, neither the payment of Rs. 15000/ nor the cheque issued by appellant was returned but the same was presented by the respondent in his bank which was subsequently dishonoured.